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Federal Judge Rules That Obamacare is Unconstitutional

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    A Federal Judge in Texas ruled the entirety of the Affordable Care Act is unconstitutional, leaving millions of Americans health insurance coverage in doubt. U. S. District Judge Reed O'Conner of Texas ruled that because the Republican tax law passed late last year did away with the tax penalty for those who chose not to obtain coverage, the entire law was now unconstitutional. Experts from both sides of the political spectrum cast serious doubt about the constitutionality of O'Conner's ruling and predicted it would ultimately be struck down on appeal, but that is not guaranteed.

    This ruling does not affect you or your insurance plan (for now) because it will be appealed to the United States Court of Appeals and potentially to the U.S. Supreme Court, so you can rest knowing that your health insurance is still secure. The only thing that will change that is if the Supreme Court sides with the judges ruling, which many legal experts think is very unlikely due to his apparent flawed arguments explaining his decision to strike the law in its entirety.

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    If the Court of Appeals says the judge is correct, how would that work exactly? Can a single state operate as if the ACA is unconstitutional while the rest of the country does not? Or is this judge trying to set a legal precedent solely to get the entire country to label the ACA unconstitutional?
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    Does seem to be more up in the air than I thought. I wouldn't be so sure it doesn't go through the Supreme Court and they decide to rule with the judge. Trump did make the court majority conservative. Here's a good vid on it:

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    bryce28 Wrote: If the Court of Appeals says the judge is correct, how would that work exactly? Can a single state operate as if the ACA is unconstitutional while the rest of the country does not? Or is this judge trying to set a legal precedent solely to get the entire country to label the ACA unconstitutional?

    It just depends. If the Fifth Circuit upholds the judges ruling and the Supreme Court doesn't issue an immediate stay then, for lack of a better saying, all s*it will hit the fan. Appeals Courts are supposed to only have oversight of states in their districts, but Obamacare is a law that affects every single American, so I'd be shocked if the Supreme Court would allow the ruling to stand pending appeal.

    However, if the Supreme Court agrees with the Fifth Circuit and throws Obamacare out then all bets are off. The health insurance industry will be thrown into absolute chaos and average Americans will be the ones dealing with the consequences of the ruling.

    I can envision blue states immediately moving to pass laws from keeping the status quo to enacting single-payer while red states return to the pre-Obamacare era of allowing health insurance companies to do whatever they want with little to zero oversight. Your zip code will effectively determine the type of health coverage you get and whether you have a right to health coverage at all.

    We're a long way from that scenario, but it's an actual possibility for the first time since the Supreme Court largely upheld the law back in 2012.

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    J.K.Logic Wrote: Does seem to be more up in the air than I thought. I wouldn't be so sure it doesn't go through the Supreme Court and they decide to rule with the judge. Trump did make the court majority conservative.

    I long ago stopped making predictions about Supreme Court rulings, but I would be shocked if Chief Justice Roberts overrules his own 2012 opinion largely upholding Obamacare. He is well aware of the politicization of the Courts and has to know him doing an about face and sabotaging Obamacare after voting to uphold it will be a self-inflicting wound he may not be able to dig himself out of.

    Nothing surprises me anymore though, so take what I say with a grain of salt.

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    JaredS Wrote:
    J.K.Logic Wrote: Does seem to be more up in the air than I thought. I wouldn't be so sure it doesn't go through the Supreme Court and they decide to rule with the judge. Trump did make the court majority conservative.

    I long ago stopped making predictions about Supreme Court rulings, but I would be shocked if Chief Justice Roberts overrules his own 2012 opinion largely upholding Obamacare. He is well aware of the politicization of the Courts and has to know him doing an about face and sabotaging Obamacare after voting to uphold it will be a self-inflicting wound he may not be able to dig himself out of.

    Nothing surprises me anymore though, so take what I say with a grain of salt.

    Logically I totally agree. But I'm in the same boat as you - no longer surprised. The fact that Roberts can go back on his previous ruling without really any repercussions is what concerns me. Lifetime appointment and all that.